Birth injury to mother claims

If you have suffered an injury during birth, we can help you get answers, support, and your voice heard.
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Compassionate support for birth injury to mother claims 

Every mother is entitled to safe and appropriate antenatal care. If medical care fell short and you were harmed as a result, you could be entitled to compensation.

Giving birth is an important moment for you and your family. When medical negligence turns becoming a mother into something painful, it can have lasting physical and mental effects. Our experts are here to empower you if you decide to claim maternity negligence compensation.

We can support with claims for birth injuries such as:

  • Perineal tears
  • Fissures
  • Anaesthetic errors
  • Incorrect suturing (stitching)
  • Pelvic organ prolapse
  • Failure to manage pre-eclampsia or other infections.

We can also help if your child was injured during birth.

If you’d like to speak to us about something else, just reach out – we’re here to listen.

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Frequently Asked Questions

Your midwife and obstetrician have a duty to make sure that your birth goes as smoothly as possible. Injuries sometimes occur naturally during birth, but mistakes by medical staff can lead to avoidable injuries.

Your healthcare provider should be aware of the risks and take steps to prevent injury. Mistakes during birth can include:

  • Caesarean sections – A delayed caesarean can cause injuries to other organs, damage to nerves or blood vessels, or perforated intestines (a hole develops in the small intestine).
  • Placental abruption – This happens when the placenta becomes detached from the uterus wall before your baby is delivered. It’s essential that medical professionals recognise the signs of this condition early on and monitor you carefully to minimise any risks. In extreme cases, this condition can be fatal for the mother and/or the baby.
  • Pre-eclampsia – This condition affects some women during the second half of their pregnancy or shortly after their baby is delivered. The warning signs should be picked up during antenatal appointments, including protein presence in urine and high blood pressure (hypertension). If this condition isn’t treated correctly, blood clotting can occur.
  • Anaesthesia – Incorrect doses of anaesthetic can have serious consequences. This can starve the brain of oxygen and cause brain injuries, nerve injuries, and unnecessary pain during the delivery due to consciousness.
  • Episiotomies – Medical professionals can decide to make cuts into your perineum and vaginal wall to make your birth easier and to avoid extensive tearing. Unfortunately, this procedure is sometimes performed unnecessarily or incorrectly, leading to pain, bruising, and incontinence.
  • Perineal tears – While tears during the birth are common, they can also occur from negligent treatment. It’s essential that all tears are detected and treated correctly. The severity of tears is graded from first to fourth degree, with third- and fourth-degree tears often needing stitches or further surgery. Stitches must be maintained properly by your doctor as these can become infected or heal incorrectly.
  • Assisted deliveries – Forceps or a ventouse suction cup can be used to help deliver your baby’s head if your child is in an awkward position. If these procedures aren’t performed correctly, conditions such as perineal tears, urinary/faecal (bowel) incontinence and damage to the uterus/bladder can be caused.

Services to help with your claim

We can help with legal guidance and advice as well as other services you might need to aid your recovery and get your life back on track.
  • Support and Rehabilitation Co-ordinators

    We'll make sure you get everything you need throughout the claims process

  • About Irwin Mitchell

    Find out more about our areas of expertise and our long, successful history

  • Medical Negligence Claims Guides

    Answers to some frequently asked questions relating to medical negligence claims.

  • People we’ve helped

    Hear the stories of those we’ve helped with medical negligence claims

Perineal Tear: 3rd and 4th degree tear claims

As award-winning medical negligence experts, we have decades of experiences helping mothers claim compensation for perineal tears.

A perineal tear is a tear to the perineum, which is the area between the vagina and anus. During labour, the increased pressure on the perineum can sometimes result in tearing as the baby is delivered. Whilst approximately 90% of mothers have minor tears during childbirth, some can be more severe. These are known as 3rd and 4th degree tears and they can have life-changing consequences.

Substandard medical care can lead to a 3rd or 4th degree tear. But what counts as substandard medical care? We look at factors including:

  • Risk factors for perineal tears and any failure to advise properly before giving birth
  • Failure to take steps before or during childbirth to reduce the risk of a tear
  • Failure to properly diagnose a tear immediately after delivery
  • Failure to adequately repair a perineal tear
  • Failure to react to signs of infection or unusual symptoms.

If you suffered a perineal tear during childbirth, discussing the painful details of the injury can be uncomfortable. Our specialist team understand how difficult revisiting these memories can be. But, with calm understanding, we can help you make a claim for compensation and get the answers and longer-term support you might need.

Irwin Mitchell, your legal partner

Handling more cases and winning twice as much in compensation as the next leading law firm, our specialist medical negligence lawyers help mothers claim compensation on their birth injuries with care, understanding, and an expert level of knowledge. They will help you get the answers you deserve and the support you need to take back control.


 

With offices around the UK, we can help you wherever you are. You will also be supported by our Support and Rehabilitation coordinators, who can get you the local help you need, whether it’s emotional, physical, or financial. We also work with birth trauma charities and organisations like:


 

  • FiveXMore
  • The MASIC Foundation
  • The Birth Trauma Association
  • Make Birth Better. 

You might have been referred to the NHS Early Notification Scheme. We’ve been there before, and we can guide you through the process so it’s as straightforward as possible.

  • Julie’s story
    Julie, 45, had a caesarean section to deliver her third child in January 2012. Hospital staff put her under general anaesthetic after she felt pain despite having had a spinal anaesthetic. After the operation, Julie’s airways became blocked while medical staff took her to the recovery area where her mother was waiting. The medical staff hadn’t noticed, and it was her mother who told them that her daughter didn’t seem to be breathing. The team failed to help Julie breathe with assisted ventilation and there wasn’t enough oxygen getting to her brain. This triggered a heart attack that made Julie think she was going to die. We helped her claim £700,000 in compensation.

Irwin Mitchell Scotland

Scottish cases will be handled by the Scottish law firm with which we are associated, Irwin Mitchell Scotland LLP. The law relating to funding is different in Scotland and you will receive separate advice about what that means as well as a separate funding agreement.

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